Terms of Sale
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Dartington Morris Men (and “us” and “our” will be construed accordingly); “our website” or "the website" refers to the website located at dartingtonmorrismen.org.uk. “You” means our customer or potential customer for products (and “your” will be construed accordingly).
3 Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products or services constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
You must add the product or service you wish to purchase to your shopping basket via the PayPal Buy Now button, which will take you to the PayPal website;
PayPal will handle your payment and send you a confirmation email and a confirmation to us;
Once we have checked that we are able to meet your order, we will send you an order confirmation (at which point your order will become a binding contract)
If we are unable to meet your order we will confirm by email and arrange to refund your payment.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you confirm your payment you need to ensure that you have selected the correct product or service by checking the items shown in the PayPal confirmation. You can cancel at any time before payment is confirmed.
4 The products and services
The products and services sold through the Dartington Morris Men website are mainly CDs or learning services. Each product or service for sale on the website is described alongside the Buy Now button.
5 Price and payment
Prices for products are quoted on our website. We will verify prices as part of our sale procedures and will inform you if the price stated was incorrect so that you can cancel the order or accept the correct price.
Payment must be made to complete your order. We may withhold the products or services and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Online payment for all products must be made by using PayPal for payment by PayPal account or debit or credit card.
Prices for products may change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back the following:
an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer);
an administration fee of £20; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
6 Your warranties
You warrant to us that:
you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
the information provided in your order is accurate and complete;
you will be able to accept delivery of the products;
7 Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in the information you provide to PayPal, which is copied to us.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
8 Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
delivery of the products; and
receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
9 “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). This does not apply to service.
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the products to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
More information about returning products is given in our Returns Policy.
10 Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
12 Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
13 General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
14 About us
Our full name is Dartington Morris Men. We are a Cotswold Morris dance side based in Dartington, Totnes, Devon, UK and are members of The Morris Ring.
Our website address is http://dartingtonmorrismen.org.uk
Our email address for contact is bagman [at] dartingtonmorrismen.org.uk